Can I request a refund of the issue fee after paying it?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Generally, once you’ve paid the issue fee, requesting a refund is not straightforward. The MPEP 1306 states:

“The issue fee and any publication fee that have been paid will not be refunded after the application has been placed in the printing cycle.”

However, there are some exceptions:

  • If you file a petition to withdraw the application from issue under 37 CFR 1.313(b), you may be eligible for a refund.
  • If the application is withdrawn from issue before it enters the printing cycle, a refund may be possible.
  • In cases of USPTO error, a refund might be considered.

It’s important to act quickly if you believe you’re entitled to a refund, as the window for eligible refunds is limited once the application enters the printing process.

Tags: issue fee, Petition To Withdraw, printing cycle, Refund